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03052008PZMinutes CITY OF AMMON PLANNING AND ZONING COMMISSION MINUTES March 5, 2008 AGENDA: CITY OF AMMON PLANNING AND ZONING COMMISSION AGENDA March 5, 2008 2135 South Ammon Road 7:00 P.M. I.Pledge of Allegiance: II.Minutes: February 6, 2008 III.Public Hearings: A.2008-007 – Conditional Use Permit (Requesting 2 Billboards in I&M-1 zone) – Lockridge Outdoor Advertising – Near Lincoln/Hitt intersection. th B.2008-008 – Conditional Use Permit (Requesting 1 Billboard in HC-1 zone) – Lockridge Outdoor Advertising – 4155 S 25 E IV.Action Items: A.Recommendation on Public Hearings. V.Discussion Items: A.Work Meeting March 12, 2008 VI.Reports: A. City Council actions B. City of Idaho Falls Planning and Zoning actions – Cindy Donovan C.Bonneville County Planning and Zoning actions – Tom Hunsaker VII.Call for Adjournment: MINUTES The meeting was called to order by Chairman Tom Hunsaker at 7:00pm in the City Building at 2135 S. Ammon Road, Ammon, Idaho. Members Present: Tom Hunsaker, Chairman Cindy Donovan, Vice-Chairman Greg Maeser Quinn Simmons Scott Wessel Steve Richards Dave Hill Rick Butler Members Absent: Richard Jaussi City Officials Present: Ron Folsom, Planning Director Maria Torres, Admin. Assistant City Officials Absent: Gay Leming, Deputy Clerk Lance Bates, Engineer Greg Maeser led the Pledge of Allegiance. MINUTES: February 6, 2008: Tom Hunsaker talked about Page 2, Item C and a suggested change. Tom Hunsaker talked about 2 changes on Page 4. He talked about changes on Page 6. Quinn Simmons motioned to approve the February 6, 2008 minutes with the changes. Dave Hill seconded. All in favor, the motion passed. PUBLIC HEARINGS: Planning and Zoning 3-5-2008 Page 1 Tom Hunsaker explained the procedures for the public hearing process. A. 2008-007 – Conditional Use Permit (Requesting 2 Billboards in I&M-1 zone) – Lockridge Outdoor Advertising – Near Lincoln /Hitt Intersection: Planning Director Ron Folsom explained where the billboards being requested would be located. Ron explained where our City code limits billboards. He explained which ones are currently in the City and which ones are in the County. Mike Froliger, Lockridge Outdoor Advertising, stated they are fine with the setbacks Ron Folsom talked about. He explained they are looking at two billboard structures, one at the north and one at the south. The faces of the signs are 23’ by 10’ 9”. They are endorsed by OAAA, Outdoor Advertising Agency of America. They are installed by professional contractors that are licensed by the State and the City. He explained they talked to the land owner and came to an agreement. They are in an industrial setting. Local advertisers will advertise on it and local people change the advertising, which helps with jobs in the area. He understands their concerns with the signs with the people present and he is open to hearing what they have to say. He also stated they are open to limiting when the signs are lit up. He does not want them lit at 1:00am. He stated they typically look at lighting somewhere between 6am to midnight or 11pm. Their idea is that businesses close around this time. He stated the lighting helps the advertising. Cindy Donovan inquired how far they are from an actual residence. Mike stated they do not know the exact distance. Ron presented a map showing what residences surround the area. Ron explained there is a 67 foot easement from Ivan’s Acres and the southern boundary of the Rockwell property. It was discussed it is about 200 feet. The signs are paste up signs, not rotators. Quinn inquired if this traditional sign is put up, what is the likelihood of it changing to something more modern in the future. Mike stated the digital signs were signs that were converted; he explained they do not own any of them. He explained the process to convert would require them coming in front of the Council for a Conditional Use Permit for a different permit. Tom inquired about the size. Mike stated they are about half the size of what you would see on the Interstate. They are considered Junior Panel Billboards. Mike talked about vinyl stretching signs which they are not doing. They are working with Lamar Advertising and they prefer the paste up style. Mike explained the dimension includes the frame of the sign. Tom Hunsaker talked about what our ordinance requires. Tom inquired what they can do with the lighting. Mike explained there are options for lighting. The traditional lighting shines up against the signs, which gives minimal effect on the ground below it. He stated municipalities request them to also shine down. His recommendation would be to have them shine up, so it does not affect neighboring communities. He expects it to be extremely minimal. Quinn inquired if they are bi-directional. Mike stated they are. th Nick Day, 907 N. 25 East, stated he lives right by the sign and he thinks the sign will be right in front of the new addition on his home, which would be the front dining room. He explained they have lived there for 20 years now and have enjoyed looking at the mountains. He is very concerned about the lighting. He talked about Sugar Mill Park and the lights that light his property. He talked about road rage in the area. He feels there is a lot of distraction and this will add to it. He is concerned about what type of advertising will be on the sign and if it can be restricted. He stated he is against the billboard and asked the Commission to put very strict rules on the Conditional Use Permit, if they grant the billboard. Jennifer Chappa, 2627 Erwin Court, explained where her property is located. She talked about Ammon staying a community embracing the country lifestyle or are they crossing over to a city following the fast lifestyle. She is concerned about the school area and the traffic from the schools. She feels billboards will be a distraction and has concerns for safety. She is concerned about the housing values, lighting and about what will be advertised on the billboards. She stated she is against the billboard. She would like to ask to take a petition around to show who is against it. th Brent Johnson, 6030 S. 45 East, stated he is representing the owners of the property. He explained the zoning of the property and the things they can do on this ground. They chose to put the sign there because it is not a residential piece of ground – it is industrial. He feels a billboard is complimentary to those areas. Ammon has only one street that allows billboards and there is an advertising demand. He explained it serves a purpose in the community. He has seen the billboards and they are very nice. He feels this is a great location. Cindy Donovan inquired about the distance between them. She inquired if you could move the southern one a little further north. Brent stated they cannot because of future development. He explained they need to be at the two extremes. He explained there will be one to two road entrances that will be put in there. He explained there is a natural buffer and they are working with Rocky Mountain Power for some nice landscaping. The church lights give off more light than the billboards will. Cindy Donovan inquired if it is platted at this point. Brent stated that it is not. Ron Folsom stated Greenwillow Lane is platted through Bridgewater and will continue into this property. Tom Hunsaker inquired if they will be leasing or selling the land. Brent stated it is a long-term lease. Tom inquired about the control they have on the property. Brent stated they saw the type of billboard and felt it is adequate, but they are not controlling what they advertise on it. Ron inquired about the landscaping. Brent stated they will probably landscape it and the legal description shows it is large enough for landscaping. Mike Froliger, 4460 Wallace Lane – Holladay, Utah (Lockridge Outdoor Advertising), addressed Nick Day’s concerns. He talked that the zoning is industrial. The billboard is an actual business. He stated the property will be Planning and Zoning 3-5-2008 Page 2 developed one way or the other. He would like to do everything they can to make it aesthetically proper to the country atmosphere. He explained there has not been one accident recorded due to a billboard which is from federal statistics. The Federal Government did a study on billboards and the flashing ones do not cause accidents, either. He explained their lease agreements do not control the advertising. He stated the industry has been in a series of different lawsuits st regarding 1 Amendment rights. They would not do anything of a provocative nature and would be okay with that being a condition. He stated as long as they are meeting the zoning requirements, the land owner should be entitled to additional income on the property. He talked about meth ads and that they are charity ads. He understands some of them can be graphic. He personally feels that is good thing, if it can help our youth. He explained letters were sent out to community members and no one was adamantly against it. Ron stated for both hearings he received a total of 6 calls. Quinn Simmons inquired about the life span of the signs. Mike stated they are manufactured to very high standards. He stated they last 15 – 20 years. Steve Richards inquired about the content of the ads and who will be the ones in charge of the content. Mike stated Lamar would be the company selling the ads. He stated their lease agreement does not control content. He stated if there were concerns for provocative ads they would be open to that being a condition on the Conditional Use Permit. Tom Hunsaker closed the public hearing. Cindy Donovan stated she has billboards near her home and the implications of the ones near her. She stated it is not really too bad, she doesn’t like them on all night. She would not have a problem if they go off at 11pm. She stated this is well within the small area where we said we would allow these. She would like to see the hours restricted for illumination and to make sure there are no provocative ads. She does not want to restrict advertisers but feels this area needs some restriction. Quinn Simmons inquired about the lighting in regards to dimming the lights. Mike stated they would have both shut off at 11pm. He talked about the cut off points. He stated they do not have a dimming availability. Quinn inquired about different brightness options. Mike stated they would be aiming them up against the sign, which reduces the light along the ground. Tom Hunsaker inquired about the intensity. Mike stated it would be typical of what you see around town. Cindy talked about lights around her area. Ron stated you might have Ken check the lights. Dave Hill inquired about what type of signs would be put up in general. Mike talked about local mom & pop shops, car dealers, charity ads, cell phone companies, etc. The commission discussed the concerns for the billboards. Quinn suggested some illustrations, as to what they will look like for Council. It was discussed that the times be part of conditions. The control of ads was discussed and whether or not it can be controlled. Ron stated we can recommend it, but it can’t be made mandatory. Mike stated it was not a negotiation with the land owner, but he would be fine with having verbiage covering adult industry, alcohol and tobacco. He would be fine to put it in the lease agreement. It was discussed we cannot dictate what they put up. Ron talked about legitimate complaints and the renewal of the Conditional Use Permit. Tom talked about what our ordinances allow. The commission talked about allowing one or two billboards and what could go into the zone. Quinn Simmons motioned to recommend approval for the Conditional Use Permit 2008-007 for both signs for Lockridge Outdoor Advertising located near Lincoln/Hitt intersection with the following conditions: 1) a requirement for darkness between 11pm and 6am, 2) that it be renewed every 3 years, and 3) the lease between the land owner and company be reviewed by the City Attorney. Scott Wessel seconded. 8 for and 2 against. Richard Butler stated he is opposed because of location of the second sign and how close it is to residential area. Steve Richards stated his reasoning for being opposed is the same. The commission addressed Boy Scout Troop 110 and thanked them for attending the meeting. B. 2008-008 – Conditional Use Permit (Requesting 1 Billboard in HC-1 zone) – Lockridge Outdoor Advertising th – 4155 S. 25 East: Planning Director Ron Folsom explained this is the same type application as the previous request. Mike Hass, Lockridge Outdoor Advertising, explained there are two homes within 500 feet and one has been torn down and the other will be torn down. Ron explained at the bottom of this piece is a 100 x 100 foot lot owned by the City of Ammon for a well. The sign will have to be north of our property line and have the same setbacks as required and same landscaping required when the property is developed. Mike Hass stated this is a HC-1 zone which allows the same circumstances. He stated they are set about 20 feet from the south property line. He stated it is the same size billboard structure as the previous ones. Quinn inquired about what type of lighting it is. Mike stated he can find out for sure so that City Council will know. Quinn inquired about pictures. Mike stated he could bring a similar type of billboard picture for Council to see. It was discussed the lighting requirements would be the same. He stated they would have the same lease agreement requirements also. It was discussed the zoning on the right is commercial. Mike Hass, Seattle, Washington, talked that the cell phone tower is right next to it. He stated the land owner is free to build what they want and feels this is a great location for a billboard. Quinn Simmons motioned to recommend approval for the Conditional Use Permit 2008-008 for a billboard for th Lockridge Outdoor Advertising at 4155 S. 25 East with the following conditions: 1) a requirement for darkness between 11pm and 6am, 2) the lease be reviewed by City Council and our attorney, and 3) that it be for a period for 3 years with renewal required at that time. Steve Richards seconded. All in favor, the motion passed. Tom stated this will go to City Council 2 weeks from tomorrow. Planning and Zoning 3-5-2008 Page 3 Ron Folsom stated the cutoff date for written testimony was a week ago, so they cannot do a petition unless it is a Public Hearing. ACTION ITEMS A. Recommendation on Public Hearings: The commission discussed whether they needed a public hearing for the first hearing. It was discussed Council will take public input, but they will not take written testimony unless it is a public hearing. Cindy Donovan motioned Conditional Use Permits 2008-007 and 2008-008 that no public hearing be recommended at City Council. Quinn Simmons seconded. All in favor, the motion passed. DISCUSSION ITEMS: th A. Work meeting on March 12th?: Ron inquired about a possible meeting for March 12. He talked about a beltway around the area. He explained a study will be done of the urban area in the next two years. He stated we need to look th at having it in our comprehensive plan. He stated it may not be necessary for a meeting on the 12. It was discussed there will not be a meeting in March but to have one in April. REPORTS: A. City Council Actions: Ron stated the City Council addresses the Planning and Zoning issues on the second meeting of the month. Ron explained that both cell towers from last month were approved. He explained they had a presentation from the Health Department about smoke free zones in parks and most likely will be adopted for our City. He talked about how it will be enforced. Shawna will enforce with ticket violations. Ron explained the structures within the park will be smoke free, not the park itself. Ron talked about the trails issue with smoking. He stated they added hours for our parks and they will be 11pm for close and open it up at 6am. He talked about the Preliminary Plat for Brogan Creek and a possible bridge. The installation of the bridge is up to the developer. They talked escrow estimation. He explained they talked about final plat on the Brogan Creek which we will expect improvements on Sunnyside. They discussed the retention pond be increased to 4-5 acres. He stated it was approved with those recommendations. The City of Idaho Falls increased their sewer utility rate. We hope to be on our own rate by 2012. The City of Idaho Falls has asked for a 40% increase. They requested that Idaho Falls show them where the money charged goes. He stated they are in negotiations. Idaho Falls needs repairs for the sewage plant. He stated the City is working with the County to increase our impact area. He thinks we will expand on the east about ¼ mile. On the south th we will go about ½ mile from 65 South. He explained we are jumping Hitt Road due to our where our sewer line will be. He talked about sewer services we may eventually be acquiring in Bonneville County. B. City of Idaho Falls Planning and Zoning actions – Cindy Donovan: Cindy Donovan stated there was nothing to report. C. Bonneville County Planning and Zoning actions – Tom Hunsaker: Tom Hunsaker stated Bonneville County is putting in a PUD and it is very big. Raising dogs at a home with a farm was an issue and is allowed as a conditional use permit. He stated it is not in our impact area. Greg Maeser motioned to adjourn. Scott Wessel seconded. All in favor, the meeting adjourned. The meeting was adjourned at 9:05 p.m. ___________________________________________ Tom Hunsaker - Chairman ___________________________________________ Leslie Folsom – City Clerk Planning and Zoning 3-5-2008 Page 4